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Vol  6 - No 4 (2021)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

Bukalerova Lyudmila Alexandrovna, Muratkhanova Meruert Beisenovna

  • LEGAL RISKS OF MEGASCIENCE

Abstract. The creation and functioning of global scientific “mega science” research entail several problems caused by the organizational aspects of the creation and functioning of these scientific conglomerations. It is impossible to exclude the entire set of risks in these projects, therefore, procedures are required for the mandatory identification, accounting, and minimization of said risks on all stages of the project life cycle. According to the authors, legal risks are the group of risks that can be avoided or significantly minimized by appropriate and timely government activities in the field of administration of “mega science” projects. The main goal of this study is to identify the main legal risks that are associated with global scientific research. The need to consider those risks should be implemented into legislation. The authors had considered the problems that are arising from the risks caused by limiting the mobility of scientific personnel and equipment, the emergence of new global dangers, imperfect regulation of intellectual rights, the lack of statutorization of the obligation to manage the risks. In the course of the work, the authors concluded that it is necessary to develop a special administration policy of carrying out the "mega science" national scientific projects.

Keywords: mega science, problems, protection of rights, legal risks, accounting, minimization, administration

 

Gevorkyan Elena Nikolaevna, Rezakov Ravil Garifovich

  • LEGAL ASPECTS SEARCH FOR NEW MEANINGS FOR THE DEVELOPMENT OF THE SCIENTIFIC ELITE

Abstract. The transition to the post-industrial era, which is largely determined by the new conditions of socio-economic development of society, contributes to increasing the relevance of considering the legal aspects of the development of the scientific elite. It is the emergence of new technological directions in the development of society that will increase the actualization of interest in the role of the scientific elite. The main purpose of the article is aimed at understanding the role of the scientific elite in the prescriptive (normative) regulation of scientific activity that determines the successful development of society. This determines the formulation of the problems of legal awareness of the ways of interaction of science with various institutional structures and the nature of the selection of the scientific elite. This article highlights a whole set of properties and qualities through which the identification of the scientific elite is made, allowing it to play a significant role in the transformation of industrial society into post-industrial society. This article notes that the new meaning of the development of the scientific elite and the successful introduction of new technologies is determined by the existence of legal conditions for the development of open meritocratic communities based on liberal and democratic values, supported by a well-thought-out state policy in the field of science and higher education, as well as in the expansion of business participation in scientific and educational projects.

Keywords: Legal thinking, development, scientific elite, the intellectual elite, meritocracy, the economy of knowledge.

  

Kolesnikov Yuriy Alekseevich

  • LEGISLATIVE INCENTIVES FOR NON-BANK FINANCING OF SMALL AND MEDIUM-SIZED BUSINESSES: FINANCIAL AND LEGAL ASPECT

Abstract. Small and medium-sized businesses are an integral part of the economic system of the Russian Federation. Due to such barriers as legislative problems, high taxation, lack of funds, entrepreneurial activity has been controversial in recent years. As a result, the number of unprofitable enterprises is growing, which significantly limits the productivity of certain industries. Since entrepreneurial activity is a fundamental part of the Russian economic system, it needs reforming and optimization to form stability and efficiency. The purpose of the presented study is to conduct a theoretical and practical analysis of financing of small and medium-sized businesses. Part of stimulating financing is the improvement of the legislation of the Russian Federation, since it is it that regulates activities in this industry. For the study, the methods of logical analysis, the method of content analysis, the method of comparative analysis, the method of deduction, the method of analysis of scientific literature, as well as the economic and statistical method of analysis were used. For the legislative stimulation of financing small and medium-sized businesses, foreign experience in this area is proposed, as well as directions and methods for ensuring the reform of the legislative framework, in particular, state support for small and medium-sized businesses. Since the market system of the Russian Federation currently needs changes, both theoretical and practical aspects were highlighted in the work. The first one allows you to reveal the basic concepts and expand the directions for proposing methods that optimize the situation at the moment. At the same time, the second, practical aspect of the work makes it possible to increase the stability of stability in the field of small and medium-sized enterprises (hereinafter – SME), as well as to develop certain recommendations and methods to improve the current legislation of the Russian Federation. The proposed methods, identified in the course of the study, will help to resolve conflicts that hinder the development of such an aspect of the economic system as non-bank financing, which will help in the formation of Russia's competitiveness in the international financial market.

Keywords: financing problems, foreign experience, protection of the rights of subjects of investment activity, institution of non-bank financing of mortgage lending.

 

Slesarev Vladimir Lvovich

  • RELATIONS ASSOCIATED WITH PARTICIPATION IN CORPORATE ORGANIZATIONS OR WITH THEIR MANAGEMENT, AS A SUBJECT OF CIVIL LAW REGULATION (PART 2)

Abstract: This work is a continuation of the article published in the scientific and methodological journal "Legal Bulletin" (No. 3, Volume 6, 2021). The purpose of the work is to determine the legal nature of corporate relations. This part of the work is devoted to the study of participation relations as the core and organizing principle of other corporate relations. It is proposed to consider the relations of "participation" as corporate organizational and prerequisite relations, which are the basis of corporate relations arising between the corporation and its participants, as well as with the participation of third parties. In the latter case, the relations of "participation" determine the conditions and procedure for the transformation of "classical" relations (obligatory, non-property, etc.) into a single complex of corporate relations.

Keywords: corporate law, subject of civil law, corporate relations, organizational relations, participation, management, corporation.

 

Shepeleva Dina Viktorovna, Bazilev Andrey Alexandrovich

  • DEPENDENCY THEORY AND REVOLUTIONS: AN INTERDISCIPLINARY ANALYSIS

Abstract. The accumulation of contradictions in capitalism, as the twentieth century has shown, leads to the birth of revolutionary movements. This research is devoted to the materialistic foundations of the emergence of revolutionary movements based on dependency theory. The article includes sections devoted to studies of criticism of imperialism, dependency theory, political and legal doctrines of revolutionary movements. The key problem is the identification of the material grounds for the emergence of revolutionary movements in relation to the position of the country's economy in the world market system. The conclusions of the article summarize the existence of a relationship between the country's place in the world economy system and the reflection of the exploited role of national economies in the political and legal teachings of revolutionary resistance movements.

Keywords Marxism, revolution, history of political and legal doctrines, dependency theory, peripheral economy, imperialism, contradictions of capitalism.

 

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Karkoshko Yuri Sergeevich

  • PROBLEMS OF THE CRIMINAL CASE INITIATION STAGE

Abstract. The relevance of this article is determined by the need to analyze the changes that have occurred over the past 20 years in the Criminal Procedure Code in terms of the stage of initiation of a criminal case.

The article deals with issues that are the subject of many years of discussion of the future stage of the initiation of criminal proceedings. It seems that the process under discussion can develop in several forms

The stage of initiation of a criminal case is necessary in the case when the initiator of criminal prosecution is the State, in which case the report of the crime must be checked, which will primarily meet the interests of the suspect. In situations where a citizen submits an application to law enforcement agencies independently, for example, in the case of theft or fraud, the procedure for initiating a criminal case may be simplified.

The author concludes that the current problems of this stage can be solved only with the development of the criminal justice system as a whole.

Keywords: initiation of criminal proceedings, pre-trial proceedings, sufficient data, humanization of criminal law, integrated approach, observance of rights.


Pichugin Sergey Andreevich

  • LIABILITY FOR THE FINANCING OF TERRORISM UNDER RUSSIAN CRIMINAL LAW: ISSUES OF REGULATION AND REGULATORY IMPROVEMENT

Abstract. The relevance of the article is determined by the increased public danger of financing terrorism as a kind of assistance to terrorist activities, as indicated by the establishment of punishment for its commission in the sanctions of Article 205.1 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation) in the form of life imprisonment. The need to include an appropriate criminal law prohibition in the Russian criminal law was determined by international agreements in the field of countering the problem of terrorist financing, the first of which appeared only at the end of the XX century, and the participation of the Russian Federation in them. The main purpose of the work is to characterize the signs of terrorist financing as a crime under Article 205.1 of the Criminal Code of the Russian Federation. Based on the analysis of normative legal acts and literary sources, judicial interpretation formulated in the resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1, the author considers the legally significant signs of the specified corpus delicti in domestic legislation. The article also touches upon the issues of the qualification of terrorist financing, including its differentiation from related crimes, which are set out taking into account the position of the Supreme Court of the Russian Federation. Examples are given from the practice of courts applying the norms of Article 205.1 of the Criminal Code of the Russian Federation in specific criminal cases. The shortcomings of the legislative regulation of the financing of terrorism in the current domestic criminal legislation are noted. As conclusions, the directions of possible improvement of the norm of Article 205.1 of the Criminal Code of the Russian Federation are indicated.

Keywords: financing of terrorism, facilitating terrorist activities, crime, punishment, criminal law.

 

Turkin Alexey Viktorovich

  • DELIMITATION PROBLEMS FRAUD AND ATTRACTING MONEY FROM CITIZENS IN VIOLATION OF THE REQUIREMENTS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON PARTICIPATION IN THE SHARED CONSTRUCTION OF APARTMENT BUILDINGS AND (OR) OTHER REAL ESTATE OBJECTS

 

Abstract. The article examines the problems of qualification of crimes that infringe on the rights of participants in the shared construction of real estate objects, which arose in connection with the addition of the Criminal Code of the Russian Federation to Article 200.3.

 Analyzing the ratio of Articles 159 and 200.3 of the Criminal Code of the Russian Federation, the author comes to the conclusion that these norms have different, non-overlapping spheres of action, which means that there is no competition between them.

 The plenary session of the Supreme Court of the Russian Federation orients the lower courts to the fact that Art. 200.3 of the Criminal Code of the Russian Federation can be applied only in the absence of signs of fraud. According to the author, this negative sign of corpus delicti under Art. 200.3 of the Criminal Code of the Russian Federation, must be reflected directly in the criminal law, which will minimize the risk of qualification errors.

 Drawing attention to the inconsistency of law enforcement practice in cases of crimes that infringe on the rights of participants in the shared construction of real estate, the author attempts to highlight specific criteria for the delimitation of crimes under Art. 200.3 and 159 of the Criminal Code of the Russian Federation.

Keywords: shared construction, art. 200.3 of the Criminal Code of the Russian Federation, art. 159 of the Criminal Code of the Russian Federation, fraud. 

ACTUAL PROBLEMS OF MODERN LAWS

Vasilyeva Oksana Nikolaevna, Zhelobov Mikhail Vladimirovich

  • INTERNATIONAL ECONOMIC SANCTIONS AS A WAY TO UPHOLD UNFAIR COMPETITION ANNOTATION

Abstract. The main problem raised in the research is absolute and criminal in itself dominating of transnational monopolies on the worldwide market. The principle purpose of the research is to form and legally bound a mechanism of restitution of the right to compete infringed by imposing international economic sanctions. Definitions of such basic theoretical terms as “unfair competition”, “international economic sanctions”, “national competitiveness” are given as part of research. The article contains key norms of international legislation in the field of competition, which prove illegality of imposing international economic sanctions, the analysis of the instruments of monopolists` fight against market competition, the influence of such companies` policy on private interests of individuals and entities as well as on public interests of the Russian Federation: the level of national competitiveness, the process of integration of Russian economy into the world economic system. The principle methods of countering unfair competition and actions stimulating mentioned unlawful models of economic behavior are also pointed out in the article.

Keywords: unfair competition, monopolism, international economic sanctions, offence, the Council of Europe, national competitiveness, international legislation.


Zhukov Eugeniy Valerievich, Zhukova Anastasiya Evgenievna

  • PARTICIPATION IN A COURT SESSION BY USING VIDEOCONFERENCING AS AN EXERCISE OF THE CONSTITUTIONAL RIGHT TO JUDICIAL PROTECTION IN AN ARBITRATION PROCESS

 Abstract. The effectiveness of the implementation of the constitutional right to judicial protection in the arbitration process directly depends on the quality of regulation of the legal procedure in the Russian Federation. This procedure, in addition to impartiality and fairness, also has to comply with the criterion of efficiency. Compliance with the latter can be greatly facilitated by the use of video conferencing systems during court sessions. In this context, the issue of participation in a court session through the use of videoconferencing remains relevant today, which in particular is also due to the spread of COVID-19, as the implementation of the constitutional right to judicial protection in the arbitration process. The aim of the study is to analyze the legislative regulation of participation in a court session by using videoconferencing, as the implementation of the constitutional right to judicial protection in the arbitration process. The article highlighted the problematic issues of participation in an arbitration court session by using videoconferencing: 1) lack of the right to appeal petitions about holding a session using a videoconferencing system; 2) lack of the right to refuse an application to hold a meeting using a video conferencing system; 3) poor communication quality. In addition, a proposal was made at the legislative level to clarify the procedure for the arbitration courts during the period of restrictive measures associated with the pandemic. Thus, Resolution No. 822 only clarifies the procedure for arbitration courts during the period of restrictive measures related to the pandemic, although this provision is not enshrined at the legislative level in any of the codified legal acts of Russia.

Keywords: Constitution of the Russian Federation, simplification of the arbitration process, electronic court proceedings, video conferencing, COVID-19.

 

Zubkov Vladimir Nikolayevich, Guseva Irina Ivanovna

  • FEATURES OF THE PROCEDURE OF PRE-TRIAL APPEAL BY ENTREPRENEURS OF DECISIONS OF STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL BODIES IN THE CONDITIONS OF DIGITALIZATION

Abstract. The issues of legal regulation of pre-trial appeal of decisions, actions of officials of control and supervisory bodies have gained particular importance, due to the introduction of the need to use the federal state information system, which ensures the process of pre-trial (out-of-court) appeal of decisions and actions (inaction) committed in the provision of state and municipal services, which determines the relevance of the chosen topic of the article.

The purpose of the study is to consider the features of pre-trial appeal in the conditions of digitalization of control and supervisory authorities.

The authors analyze the advantages and disadvantages of pre-trial appeal of decisions and actions (inaction) of state and municipal control (supervision) bodies in remote mode. Attention is paid to the problems of attracting such participants as a witness and a specialist by the supervisory authorities. In this connection, it is proposed to supplement Part 4 of Article 32, Part 4 of Article 34 of Federal Law No. 248-FZ of 31.07.2020 with a written form of a warning about preventing abuse of one's right when interacting with control (supervisory) bodies. The analysis of the norms of legislation allowed us to identify cases of deviation from the mandatory pre-trial appeal procedure allowed in the Regulation on the municipal form of Control.

The authors note the need for the interrelation of the provisions of Federal Law No. 248 and the Administrative Code of the Russian Federation to establish the responsibility of officials for violations and non-compliance with prohibitions and restrictions established by law. It is proposed to introduce amendments to Article 19.6.1 of the Administrative Code of the Russian Federation to eliminate uncertainty in the onset of responsibility for the commission of offenses committed during control and supervisory measures.

The exclusion of uncertainty and double interpretation of the wording in the current legislation will allow entrepreneurs to more effectively use the procedure for appealing decisions of state control (supervision) and municipal control bodies using digital technologies.

Keywords: businessman; controlled person; control and supervisory authorities; pre-trial appeal; complaint.

 

Pikina Tatiana Vladimirovna

  • LEGAL GROUNDS FOR LIMITING THE LEGAL STATUS OF AN INDIVIDUAL UNDER SPECIAL LEGAL REGIMES

Abstract. the need to ensure state security, as well as the life and health of citizens, increasingly forces the authorities to resort to measures that limit the legal status of the individual. New threats are emerging in various sectors of human life, and the most striking example of this is the pandemic caused by a new coronavirus infection. Some restrictions caused by the new coronavirus infection did not find support among the population, which caused dissatisfaction with the applied measures of influence. In our country, coronavirus restrictions were introduced not by a federal constitutional law, but by resolutions of a separate authority, which led citizens to a sense of injustice, which determines the relevance of this study. The purpose of this article is to identify problematic aspects in the existing mechanism of restrictions that are established by federal constitutional laws regulating special legal regimes. Analysis of the existing mechanism of restrictions on legal status with the introduction of special legal regimes will help to identify specific conditions for limiting the legal status of an individual, which can be applied when creating a regulatory legal act at the federal level regulating relations between the state and society in pandemics and other threats. Such conditions are highlighted by the author and are given in this article, which is the result of the study.

Keywords: restrictions on the legal status of an individual, special legal regime, martial law, state of emergency.

 

Gu Wenshuo

  • THE PROBLEM OF CYBERATTACKS IN THE CONTEXT OF PUBLIC INTERNATIONAL LAW

Abstract. Hacker movements, cybercrimes are one of the essential features of cyberspace and one of the most pressing issues in public international law. Developing an effective strategy and technique for protecting users from hacker assaults and hacks is a critical component of ensuring the state's and the global community's security. The goal of this essay is to look into the existing issues of international public law in the sphere of cyberspace security and to propose effective ways to enhance rulemaking practices in order to eliminate them. The following issues are being considered: the difficulty of defining the boundaries of the classical paradigm and classifying the means of cyberattack as «armed force» or «armed attack»; the lack of special norms applicable to the regulation of legal relations arising during computer warfare or in the process of attacking information systems; the covert and private action of state actors, the use of highly specialized armed forces to prevent cyber attacks; a lack of consistency in international policy rules for establishing a secure cyber environment, and so on. A systematic strategy, formal legal method, and comparative legal method were used in the research. It is concluded that a number of regulations and rules for the operation of global Internet norms working within the framework of modern international law must be revised; their hopeful future state is confirmed.

Keywords: cyberattack, cybersecurity, cyber threat, international public law, hacking, cyber infrastructure, countering computer attacks, criminal virtual networks.